Lamichhane (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of the delegate's decision to refuse the visa. The core of the dispute concerned whether the applicant met the requirements of Schedule 3 of the Migration Regulations 1994, which typically mandates holding a substantive visa at the time of application and satisfying certain criteria unless compelling reasons exist for a waiver.

The Tribunal was required to determine whether there were compelling reasons to waive the Schedule 3 criteria, specifically in light of the applicant's circumstances. This involved assessing the applicant's previous genuine relationship with the sponsor, the cessation of that relationship, and the applicant's claims of financial hardship, unknown whereabouts of parents, and the complexities of a mixed religious marriage leading to divorce.

The Tribunal affirmed the delegate's decision, finding that the applicant did not satisfy the criteria for the grant of the visa. While acknowledging the applicant's stated reasons for not holding a substantive visa at the time of application and the circumstances surrounding the breakdown of the relationship, the Tribunal concluded that these did not constitute compelling reasons to waive the Schedule 3 requirements. The decision to affirm the refusal of the visa was therefore made.